Communicated on 1 April 2014
THIRD SECTION
Application no. 52867/13
Sorin CIRSTEA
against Romania
lodged on 5 August 2013
STATEMENT OF FACTS
The applicant, Mr Sorin Cîrstea, is a Romanian national, who was born in 1972. He is currently serving a prison sentence in the Codlea Penitentiary, Braşov county.
The facts of the case, as submitted by the applicant, may be summarised as follows.
The applicant mainly complains about overcrowding. He describes that in the cell he has 1,9 square meters of personal space and 3 cubic meters of air.
The applicant lodged a complaint with the judge responsible for the execution of sentences attached to the Codlea Penitentiary concerning the detention conditions in cell E 28. He claimed that he had to share the cell with other fourteen inmates, that the volume of air was insufficient and that the room was equipped with only one table and four chairs.
On 17 July 2013 the judge responsible for the execution of sentences attached to the Codlea Penitentiary partly allowed the applicant’s complaint on the ground that the conditions of detention regarding the personal space for detainees were contrary to the requirements of the domestic law and noted that the minimum standards relating to the cell’s equipment with tables and chairs were met in accordance with the domestic law. The judge responsible for the execution of sentences held that the applicant`s cell measured 26,46 square meters, that it was shared by thirteen detainees and that it included the toilet of 2,94 square meters.
The applicant’s appeal against this decision was dismissed by the final decision of 10 September 2013 delivered by the Braşov District Court.
It appears from the file that no action has been taken regarding the applicant`s placement in another cell compatible with the minimum compulsory standards governing conditions of detention provided by the domestic regulations.
COMPLAINT
The applicant complains under Article 3 of the Convention about the inhuman and degrading conditions of his detention in the
Codlea Penitentiary.
QUESTION TO THE PARTIES
Has the applicant been subjected, in breach of Article 3 of the Convention, to inhuman or degrading treatment in the Codlea Penitentiary?
The Government are invited to provide information on the applicant’s detention conditions in the Codlea Penitentiary, in particular in connection with the material conditions of the cell where the applicant has been detained, namely the size of the cell, the number of beds and the number of persons being detained in the same cell with the applicant, the number and size of the windows, the furniture and the sanitary installation available in the cell.
Full & Egal Universal Law Academy